Govt slams depts for ‘negligence’ in matters before apex court

PANJIM: Stung by the penalties imposed for the State’s failure to respond on time in Supreme Court matter, the State government has come down heavily on the departments, corporations and autonomous bodies asking them to fall in line or face action.

An order issued by the Law Secretary Chokha Ram Garg on February 25, 2020, copy of which is in possession of Herald, states that it has been brought to the notice of first law officer that in one of the matters before the SC, the orders were passed by the Court and heavy costs have been imposed by the court for not filing counter affidavits on behalf of the State of Goa.

“Instances have come to the notice of the government that even after serving the notice by the Apex Court, no file or proposal has been moved by the department for appointment of Standing Counsel in the matter and as a result the matter proceeds unattended on behalf of the State of Goa before the Supreme Court and heavy costs have been imposed by the Court for not filing our counter-affidavit or response in the matter,” the order states.

The order further states, “This issue is clear sign of negligence on the part of the department concerned for taking such a serious matter lightly for having not given priority or interest in defending the said matter and by not appearing and remaining present on behalf of the State.”   

Further, it says, whenever department or offices receive any notices from any court/ administrative tribunals etc, they should immediately submit their proposal for appointment of Standing Counsel/advocate in the matters to defend the interest of the State, so as to avoid such embarrassing situation.

“Simultaneously, a copy of notices/ summons/writ along with the copy of the petition must be marked and submitted to the Law Secretary within 24 hours of the receipt of the same,” it adds.

The order also states that it has been brought to the notice of government by the Standing Counsel before the SC that when the counsels try to contact the departments, even on urgent basis, the officials of the department are not responding to Standing Counsel, resulting in delays in submitting of Vakalatnama, filing counter-affidavits, etc, before the court.

“In view of above all government departments, corporations, autonomous bodies etc, are informed that whenever response is not filed within time before the SC, National Green Tribunal or any other court or the matters are not attended on priority, the same shall be viewed seriously,” the order warns.

The Law Secretary has asked the Heads of Departments to ensure that the nodal officer in every matter pending before the SC has been appointed. 

“While moving proposal for the appointment of advocates before the SC, the department shall provide name, designation and mobile number of nodal officer along with one link officer with name, designation and mobile number shall be provided.”

The secretary says the proposal forwarded with details of Nodal Officers and his link officer shall not be entertained and the department will be responsible for delay in the matter.